IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32939 of 2007(U)
1. V.R.OJES, PMC XI/353, KARTHIKA,
... Petitioner
Vs
1. THE ASSISTANT GENERAL MANAGER (RECOVERY)
... Respondent
For Petitioner :SRI.K.I.SAGEER
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/11/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 32939 OF 2007 U
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Dated this the 7th day of November, 2007
J U D G M E N T
The auction sale conducted by the respondent has been
confirmed in the petitioner’s favour. Ext.P2 is the conditions of
the sale and clause 16 of Ext.P2 provides that the successful
bidder shall pay 25% of the bid amount within 10 days from the
date of confirmation of the sale and that the balance amount
shall be paid within 30 days from the date of confirmation.
Petitioner submits that by Ext.P1 dated 24th October 2007, sale
has been confirmed in his favour, but however, he has been
asked to deposit the full sale consideration, although his
obligation is only to pay 25% within 10 days.. This is the
complaint of the petitioner and he seeks time as contemplated in
Clause 16 of the tender conditions.
2. I heard the standing counsel for the respondent also.
3. It is pointed out on behalf of the respondent that in
the absence of averment of having complied with deposit of 25%
of the bid amount, the petitioner would not have deposited 25%
within the time specified in Ext.P2 and hence petitioner cannot be
WPC 32939/07
: 2 :
given any relief. I do not find any merit in the objection raised
by the respondent for the reason that petitioner was not
permitted to deposit 25% in terms of Clause 16 while issuing
Ext.P1. As against the tender conditions, he was called upon to
deposit 100%. Therefore even if he has not deposited 25% as
per Clause 16, on receipt of Ext.P1, petitioner cannot be faulted.
4. In view of this, I am inclined to dispose of this writ
petition with the following directions.
That the petitioner shall deposit 25% of the bid amount
within 15 days from today and that the balance amount shall be
paid within 30 days from today. If he makes remittance as
directed, the sale of which has been confirmed in his favour shall
be transferred to him.
ANTONY DOMINIC, JUDGE.
Rp